Small entity system: American patent system adopts small entity system. If the applicant is an independent inventor, a non-profit organization or a small and medium-sized enterprise with less than 500 employees, the patent fee of the US Patent Office will be halved, and the application fee of a small entity using electronic application can be further halved.
Unique classification system: another major feature of the American patent system is that it basically does not use international patent classification, but always uses its own patent classification. Even though it is bound by international agreements, USPTO only converts American classification number into IPC classification through computer system, and marks it on the first page of its patent literature.
Novelty requirements (the principle of first invention and the principle of one-year preferential period): an invention loses its novelty when it is patented in the United States or other countries or publicly used or sold in the United States for more than one year; On the other hand, if it is less than one year, it still has the novelty of applying for a patent.
Comprehensive examination system: because the United States implements a comprehensive examination system, there is no need to submit a substantive examination request when applying for a US patent.
Re-issue the patent: within the scope of the original application, expand the scope of the claim within 2 years from the date of the first announcement; Or after the announcement, within the validity period of the patent, correct the mistakes and make a new announcement.
2. Examination system and protection period of invention patents and plant patents
1) censorship system
An application for a patent for invention in the United States is published within 65,438+08 months from the filing date or priority date. Novelty review system and all-substance review system generally automatically enter the substance review. The notice of review opinions was received within 1.5 years from the date of application at the earliest, and the review period was about 2.5-3 years. General invention patents are granted in about 3-5 years.
2)
The term of protection of invention patents and plant patents is 2 years: 0 years, counting from the date of application. After the invention patent is granted, the time limit for paying the maintenance fee is: the annual fee or maintenance fee must be paid in the third and a half years, the seventh and a half years and 1 1 year and a half from the date of grant, otherwise the patent right will be invalid. After the plant patent is granted, there is no need to pay maintenance fee or annual fee.
In addition, for an application for a patent for invention, the US Patent and Trademark Office will appropriately adjust the patent protection period according to the delay time of the Patent and Trademark Office or the inventor. For example, due to the delay of the Patent and Trademark Office, the patent application is not approved within three years, and the Patent and Trademark Office will increase the patent term by more than three years.
3 design patent protection period and review system. The design patent system in the United States protects some designs, and its scope of protection not only covers the products embodied in the design application document itself, but also can be extended to many embodiments with some designs as the design point.
The design adopts the substantive examination system, and the general authorization is 1- 1.5 years. The protection period of appearance patent is 14 years, counting from the date of authorization, and there is no need to pay maintenance fee or annual fee after authorization.